Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father, without Whose guidance our wisdom is folly, teach us how to be victors in life - not victims of it. Save us from being embittered by ingratitude or pettiness, and from turning coward in the day of battle. As stewards of so many blessings and entrusted with so many opportunities, give us, good Lord, an unfaltering trust, a firm hope, an understanding knowledge, and a will to labor valiantly for the right. May we know that a good conscience is the master key to unlock the pearl of great price.
We pray to our God Who is always near. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HOLT moved that when the House adjourns, it adjourn in memory of Toni Lynn Carnell, daughter of Rep. MARION CARNELL, which was agreed to.
The House stood in a moment of silent prayer in memory of Toni Lynn Carnell, daughter of Rep. CARNELL.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The S.C. Victim Assistance Network for a drop-in, April 26, 1994, 10:00 A.M. - 2:00 P.M. in the lobby of the Statehouse.
The invitation was accepted.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 5021 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4196 -- Reps. Harvin and Whipper: A BILL TO ENACT THE "SOUTH CAROLINA SALE OF CHECKS ACT", PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND PROVIDE FOR RELATED MATTERS, INCLUDING A LICENSING PROCEDURE AND THE PROMULGATION OF REGULATIONS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4576 -- Reps. McLeod and Littlejohn: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4920 -- Reps. Rudnick, Stone and Sharpe: A BILL TO AMEND SECTION 50-11-703, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE USE OF LIGHTS FROM VEHICLES TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 1, SO AS TO INCLUDE GAME ZONE 3.
Ordered for consideration tomorrow.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 5009 -- Reps. Farr, Snow, McCraw, Littlejohn, Walker, Davenport, Simrill, Rhoad, Stille, Hines, Mattos, Wells, D. Smith, Stone, Kirsh, Delleney, Vaughn, Robinson, Anderson, Allison, Spearman, D. Wilder, Meacham, Baker, Tucker, Fair, Chamblee, Haskins, Graham, Cato, Waldrop, Marchbanks and Carnell: A JOINT RESOLUTION TO PROVIDE FOR AN EXPERIMENTAL RABBIT HUNTING SEASON IN GAME ZONES 1, 2, AND 4.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3490 -- Reps. Neilson, Farr, G. Bailey, Hines, Corning, Shissias, Hutson, Wells, Jaskwhich, Harrelson, Vaughn, Anderson, Davenport, Chamblee, Allison, Littlejohn, Cato, Stone, Haskins, Fair, Walker, Robinson and Marchbanks: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PARENT RECEIVING CHILD SUPPORT TO MAKE AN ACCOUNTING OF THE EXPENDITURES MADE FROM THE CHILD SUPPORT RECEIVED.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 4093 -- Reps. Harwell, G. Bailey, Sharpe, Kinon, Spearman and Jennings: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THIS JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4346 -- Rep. Neilson: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
H. 4402 -- Reps. Thomas, Rudnick and Keyserling: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4687 -- Reps. Hodges and McElveen: A BILL TO AMEND SECTION 7-15-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH ABSENTEE VOTING, SO AS TO DELETE THE DEFINITIONS "MEMBERS OF THE ARMED FORCES OF THE UNITED STATES", "MEMBERS OF THE MERCHANT MARINE OF THE UNITED STATES", "STUDENTS", AND "PHYSICALLY DISABLED PERSON"; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO QUALIFICATIONS FOR VOTING BY ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS AND PROVIDE THAT A PERSON ONLY NEED FOLLOW THE PROVISIONS OF ARTICLE 5, CHAPTER 15, TITLE 7 TO QUALIFY TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO ADD A REQUIREMENT THAT MEMBERS OF THE ARMED FORCES AND MERCHANT MARINES OF THE UNITED STATES, THEIR SPOUSES AND DEPENDENTS RESIDING WITH THEM ARE PERMITTED TO USE STANDARD FORM 76 OR ANY SUBSEQUENT FORM REPLACING IT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM REQUIRED FOR APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 7-15-320 WHICH HAVE BEEN DELETED BY THIS ACT, REQUIRE IDENTIFYING INFORMATION ON A FORM PRESCRIBED BY THE EXECUTIVE DIRECTOR AND AN OATH STATING THAT THE APPLICANT IS QUALIFIED TO VOTE AND HAS NOT VOTED DURING THE ELECTION FOR WHICH THE APPLICATION FOR ABSENTEE BALLOT IS SOUGHT; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF BALLOTS AND ENVELOPES TO THE BOARD OF REGISTRATION OF EACH COUNTY BY THE COMMISSIONERS OF ELECTION OF COUNTY OR THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH COUNTY; TO AMEND SECTION 7-15-410, RELATING TO THE ESTABLISHMENT OF AN ABSENTEE VOTING PRECINCT, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY BEING RESPONSIBLE FOR CERTAIN ELECTION FUNCTIONS; TO AMEND SECTION 7-15-430, RELATING TO THE REQUIREMENT THAT AN ABSENTEE VOTER MUST BE NOTED ON THE REGISTRATION LISTS, SO AS TO DELETE REFERENCES TO COUNTY COMMITTEES; TO AMEND SECTION 7-15-450, AS AMENDED, RELATING TO THE APPLICATION OF ARTICLE 7, CHAPTER 15, TITLE 7, SO AS TO DELETE REFERENCES TO POLITICAL PARTIES AND ANY OTHER AUTHORITIES HOLDING A PRIMARY OR CONDUCTING AN ELECTION AND THAT THE ARTICLE APPLIES TO ANY AUTHORITY CONDUCTING AN ELECTION; AND TO REPEAL SECTIONS 7-15-250, 7-15-260, AND 7-15-395 RELATING TO THE DUTIES OF, AND EXPENSES INCURRED BY, COUNTY COMMITTEES AND POLITICAL PARTIES IN CONDUCTING PRIMARY ELECTIONS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4767 -- Reps. Neilson, Rogers, Whipper, Hallman, Gonzales, Sturkie, Quinn, Littlejohn, Govan, McKay, Hines, McCraw, Fulmer, Cobb-Hunter, J. Bailey, G. Bailey, Walker, J. Harris, Beatty, Phillips, Vaughn, Davenport, Rudnick, Richardson, Canty, D. Wilder, Stille, Spearman, Thomas, Breeland, Scott, Moody-Lawrence, Inabinett, Riser, Waites, Koon, Harrison and Corning: A BILL TO AMEND SECTION 20-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT PARENTS HAVE EQUAL ACCESS TO EDUCATIONAL AND MEDICAL RECORDS OF THEIR MINOR CHILDREN.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
S. 872 -- Senators Moore, Leventis, Greg Smith, Short and Mescher: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE CONDITIONS UNDER WHICH GRANDPARENT VISITATION MAY BE GRANTED.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
S. 907 -- Senators Passailaigue, McConnell and Giese: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY AUTHORITY TO LEVY BUSINESS LICENSE TAXES ON INSURANCE COMPANIES SO AS TO EXPRESSLY PROHIBIT COUNTIES FROM LEVYING BUSINESS LICENSE TAXES ON INSURANCE COMPANIES.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
S. 1189 -- Senators Elliott, Rankin, Courtney, Reese, Waldrep, Short, Peeler, McGill, Glover, Lander, Mescher, Washington, Holland, Drummond, O'Dell, Russell, Giese and Leventis: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING CHAPTER 46 SO AS TO ENACT THE "TELEPHONE COOPERATIVE ACT"; AND TO AMEND SECTION 33-45-20, RELATING TO COOPERATIVE ASSOCIATIONS AND RESTRICTIONS ON USE OF THE TERM "COOPERATIVE", SO AS TO PERMIT THE USE OF THAT TERM BY CORPORATIONS AS PART OF THEIR CORPORATE OR OTHER BUSINESS NAME OR TITLE IF SUCH CORPORATIONS ARE INCORPORATED UNDER CHAPTER 46 OF TITLE 33.
Ordered for consideration tomorrow.
The following was introduced:
H. 5143 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TONI LYNN CARNELL OF WARE SHOALS, DAUGHTER OF OUR DEAR FRIEND AND COLLEAGUE, REPRESENTATIVE MARION CARNELL, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
Whereas, Toni Lynn Carnell of Ware Shoals died on April 16, 1994, at the age of thirty-five; and
Whereas, she was the daughter of our dear friend and colleague, Representative Marion Carnell; and
Whereas, she attended Lander College and Piedmont Technical School; and
Whereas, she was a former employee of Emerald Center and was a member of First Baptist Church of Ware Shoals; and
Whereas, we received the news of Ms. Carnell's death with profound sorrow, and we want Representative Carnell and the members of his family to know that they are uppermost in our thoughts and prayers and have our deepest sympathy. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express profound sorrow at the death of Toni Lynn Carnell of Ware Shoals, daughter of our dear friend and colleague, Representative Marion Carnell, and extend deepest sympathy to her family and many friends.
Be it further resolved that a copy of this resolution be forwarded to Ms. Carnell's family.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5144 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF CARL D. BRUCE OF CAMPOBELLO, FATHER OF THE HONORABLE DANNY BRUCE, READING CLERK OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO MR. BRUCE'S FAMILY AND MANY FRIENDS.
Whereas, Carl David Bruce of Campobello died on April 15, 1994, at the age of eighty-seven; and
Whereas, he served on the Campobello Town Council for twenty years, was a member of First Baptist Church of Campobello, and was the father of the Honorable Danny Bruce, Reading Clerk of the House of Representatives; and
Whereas, we want all the members of the Bruce family to know that we are deeply saddened and that they are in our thoughts and prayers during this difficult time. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of Carl D. Bruce of Campobello, father of the Honorable Danny Bruce, Reading Clerk of the House of Representatives, and extend sympathy to Mr. Bruce's family and many friends.
Be it further resolved that a copy of this resolution be forwarded to the family of Mr. Carl D. Bruce.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5145 -- Reps. J. Harris, Jaskwhich, Spearman, H. Brown, Rogers and D. Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND GUY F. LIPSCOMB, A RETIRED INDUSTRIALIST AND ARTIST ON BEING RECENTLY NAMED TO THE SOUTH CAROLINA BUSINESS HALL OF FAME.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1283 -- Senator Elliott: A CONCURRENT RESOLUTION DESIGNATING JULY 16, 1994, AS "ATOMIC VETERANS DAY" IN SOUTH CAROLINA.
Whereas, July 16, 1945 is the day when the first atomic bomb was exploded; and
Whereas, on August 6, 1945, the first wartime atomic bomb was dropped on Hiroshima, and, on August 9, 1945, the second wartime atomic bomb was dropped on Nagasaki; and
Whereas, half a million United States service personnel were involved in the atmospheric nuclear testing of the 1940's, 1950's, and 1960's, according to the latest figures available; and
Whereas, the General Assembly feels certain recognition is in order to honor and remember the service personnel who were thus involved. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, designates July 16, 1994, as "Atomic Veterans Day" in South Carolina.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
S. 1375 -- Senator Moore: A CONCURRENT RESOLUTION TO RECOGNIZE 1994 AS A CRITICAL YEAR FOR DETERMINING THE FUTURE DIRECTION OF THE EDISTO RIVER BASIN AND TO DECLARE 1994 AS THE "YEAR OF THE EDISTO".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.
Referred to Committee on Labor, Commerce and Industry.
S. 1287 -- Senators Richter and Stilwell: A BILL TO AMEND SECTION 43-35-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT OFFICERS TAKING VULNERABLE ADULTS IN A LIFE THREATENING SITUATION INTO PROTECTIVE CUSTODY, SO AS TO TRANSFER THE DUTIES IMPOSED BY THIS SECTION UPON THE CIRCUIT SOLICITOR TO THE DEPARTMENT OF SOCIAL SERVICES.
On motion of Rep. TUCKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1346 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENTS THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, G. Bailey, J. Barber Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Cato Chamblee Cobb-Hunter Cooper Corning Delleney Fair Farr Fulmer Gamble Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Hines Hodges Holt Hutson Inabinett Keegan Kelley Kennedy Kinon Kirsh Lanford Littlejohn Marchbanks Mattos McAbee McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
I came in after the roll call and was present for the Session on Wednesday, April 20.
Roger M. Young James N. Law William S. Houck, Jr. Harry R. Askins Douglas Jennings, Jr. William D. Keyserling Timothy F. Rogers Richard M. Quinn, Jr. Larry L. Elliott Terry E. Haskins James L.M. Cromer, Jr. E. DeWitt McCraw Michael F. Jaskwhich Dave C. Waldrop, Jr. Dell Baker H. Howell Clyborne, Jr. J. Michael Baxley Morgan Martin Stephen E. Gonzales Ralph W. Canty G. Ralph Davenport, Jr. June S. Shissias John G. Felder E.B. McLeod, Jr. C. Lenoir Sturkie Thomas E. Huff Larry L. Koon Alma W. Byrd Joseph T. McElveen, Jr. Jerry N. Govan, Jr. James S. Klauber
DOCTOR OF THE DAY
Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.
Reps. WRIGHT, RISER and STILLE recognized the Irmo High School Boys Basketball team, winners of the 1994 Class AAAA State Championship, their coaches and school officials.
The following Bill was taken up.
H. 5114 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1994, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, PROVIDE THAT WHEN THE TOWN OF IRMO ANNEXES ITS TERRITORY THE PROPERTY ANNEXED SHALL AUTOMATICALLY BECOME PART OF THE IRMO FIRE DISTRICT, AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.
Rep. STUART raised the Point of Order that the Bill was out of order as local legislation and should be statewide legislation.
The SPEAKER stated that it did appear that one of the sections of the Bill was not restricted totally to Lexington County by its language under Section 4 and he sustained the Point of Order and ordered the Bill moved to Third Reading Statewide.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 5116 -- Reps. Neilson, Baxley and Hines: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO DELETE THE PHILADELPHIA PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON WHICH SUCH PRECINCTS ARE SHOWN.
H. 4818 -- Rep. Hodges: A BILL TO AMEND SECTION 1-3-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNOR FILLING VACANCIES IN AN OFFICE OF THE EXECUTIVE DEPARTMENT BY APPOINTMENT UNDER CERTAIN CONDITIONS, SO AS TO EXCLUDE THE OFFICE OF LIEUTENANT GOVERNOR BECAUSE THE MANNER IN WHICH VACANCIES IN THIS OFFICE ARE FILLED ARE PROVIDED FOR IN OTHER PROVISIONS OF LAW; SECTION 1-7-920, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO
CORRECT A REFERENCE TO A REPRESENTATIVE ON THE COMMISSION FROM THE DEPARTMENT OF PUBLIC SAFETY; SECTION 1-11-310, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 1-19-60, RELATING TO THE COMPOSITION OF THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT ONE OF THE GUBERNATORIAL APPOINTEES MAY BE THE DIRECTOR OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE RATHER THAN A MEMBER OF THE STATE DEVELOPMENT BOARD; SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CORRECT A REFERENCE TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 1-30-35, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 1-30-65, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO CORRECT CERTAIN REFERENCES TO THE PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; SECTION 1-30-85, RELATING TO THE DEPARTMENT OF PROBATION, PARDON AND PAROLE, SO AS TO CORRECT THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; TO AMEND SECTION 2-7-73, AS AMENDED, RELATING TO LEGISLATIVE ENACTMENTS AND THE REQUIREMENT THAT BILLS AND RESOLUTIONS MANDATING HEALTH INSURANCE COVERAGE MUST HAVE FISCAL IMPACT STATEMENTS, SO AS TO DELETE CERTAIN LANGUAGE WHICH PREVIOUSLY REFERRED TO THE FORMER "CHIEF INSURANCE COMMISSIONER"; SECTION 2-13-190, RELATING TO THE DISTRIBUTION OF THE ANNUAL ACTS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE ACTS AND JOINT RESOLUTIONS ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-13-240, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE CODES ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 2-19-10, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REFER TO AN EXCEPTION CONTAINED IN THE RESTRUCTURING ACT PERTAINING TO THE ELECTION OF MEMBERS OF THE PUBLIC SERVICE COMMISSION; SECTION 4-10-65, RELATING TO THE DISTRIBUTION OF UNIDENTIFIED LOCAL SALES AND TAX REVENUES, SO AS TO CHANGE A REFERENCE TO TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-69, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 6-19-30, RELATING TO AN ADVISORY COMMITTEE FOR STATE WATER AND SEWER AUTHORITY GRANTS, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO DELETE OBSOLETE LANGUAGE; SECTION 9-1-1535, RELATING TO RETIREMENT OF WILDLIFE CONSERVATION OFFICERS, SO AS TO REVISE THE NAMES OF THE OFFICERS, THE LAW ENFORCEMENT SECTION, AND THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 10-1-100, RELATING TO REQUIREMENTS IN STATE CONTRACTS FOR APPLICABLE POLLUTION PREVENTION AND NATURAL RESOURCE PROTECTION REQUIREMENTS, SO AS TO CONFORM A REFERENCE TO THE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 11-9-825, AS AMENDED, RELATING TO ADDITIONAL STAFF FOR THE BOARD OF ECONOMIC ADVISORS, SO AS TO CONFORM THE REFERENCE TO THE CHAIRMAN OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE FEBRUARY 1, 1995; SECTION 12-4-340, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE AND TAXATION TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT DELINQUENT TAXES, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 12-21-2423, RELATING TO THE TEMPORARY DEDICATION OF A PORTION OF ADMISSIONS TAX REVENUES TO THE DEVELOPMENT OF MAJOR TOURISM OR RECREATION FACILITY, SO AS TO CONFORM REFERENCES TO VARIOUS STATE AGENCIES TO THE RESTRUCTURING ACT; ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT, SO AS TO CONFORM REFERENCES IN THE ARTICLE TO THE SOUTH CAROLINA TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 12-21-2720, AS AMENDED, RELATING TO FEES FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-21-2738, AS AMENDED, RELATING TO THE PENALTIES FOR VIOLATION OF THE COIN-OPERATED DEVICE LICENSING LAWS, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTION 19, PART II, ACT 164 OF 1993, RELATING TO REFERENDUMS FOR THE CONTINUATION OF PAYOUTS FOR VIDEO POKER MACHINES, SO AS TO CONFORM REFERENCES TO TAX COMMISSION TO THE RESTRUCTURING ACT; SECTIONS 12-21-5020, 12-21-5030, 12-21-5040, 12-21-6010, 12-21-6040, AND 12-21-6050, RELATING TO THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-27-390, AS AMENDED, RELATING TO THE DISTRIBUTION TO COUNTIES OF A PORTION OF GASOLINE TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO AS TO CHANGE REFERENCES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO THE PROVISIONS OF THE RESTRUCTURING ACT EFFECTIVE JULY 1, 1994; SECTION 12-27-400, AS AMENDED, RELATING TO THE USE OF "C" FUNDS, SO AS TO CONFORM REFERENCES TO STATE AGENCIES TO THE RESTRUCTURING ACT; SECTION 12-27-1270, AS AMENDED, RELATING TO THE PORTION OF THE SHIMS GASOLINE TAX REVENUES SET ASIDE IN THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO CONFORM THE REFERENCE TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE APPROPRIATE DIVISION OF THE DEPARTMENT OF COMMERCE AND TO DELETE AN OBSOLETE PROVISION; SECTION 12-36-2570, AS AMENDED, RELATING TO THE TIME OF PAYMENT OF SALES AND USE TAX, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 12-36-2610, AS AMENDED, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS TO CONFORM REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND THE DEPRECIATION SCHEDULE FOR MANUFACTURING MACHINERY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO CHANGE REFERENCES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 12-53-220, AS AMENDED, RELATING TO TAX COLLECTION AND POSTING OF BONDS FOR JEOPARDY ASSESSMENTS, SO AS TO CORRECTLY SET FORTH THE NAME OF THE DEPARTMENT OF INSURANCE OF SOUTH CAROLINA; SECTIONS 12-54-1010 AND 12-54-1020, RELATING TO THE REVOCATION OF PROFESSIONAL AND BUSINESS LICENSES BY THE SOUTH CAROLINA TAX COMMISSION FOR FAILURE TO MAKE TAX RETURNS AND PAY TAXES, SO AS TO CONFORM REFERENCES TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 13-17-40, RELATING TO THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO CORRECT A REFERENCE TO THE FORMER CHAIRMAN OF THE STATE DEVELOPMENT BOARD; SECTION 15-9-285, AS AMENDED, RELATING TO SUMMONSES, ORDERS OF PUBLICATION, AND SERVICE OF PAPERS GENERALLY AND SERVICE ON AN UNAUTHORIZED INSURER, SO AS TO DELETE REFERENCES TO CHIEF INSURANCE COMMISSIONER AND HIS SUCCESSORS IN OFFICE AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 16-3-1260, RELATING TO REIMBURSEMENT FOR PAYMENT FROM VICTIM'S COMPENSATION FUND, SO AS TO CHANGE THE NAME OF CERTAIN DEPARTMENTS; SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO CHANGE THE NAME OF THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-17-100, RELATING TO THE TRANSFER OF WRIT OF HABEAS CORPUS PETITIONS TO THE COURT IN THE COUNTY WHERE THE PRISONER IS LOCATED, SO AS TO CHANGE THE NAME OF THE BOARD OF CORRECTIONS; SECTION 17-22-120, AS AMENDED, RELATING TO INDIVIDUAL INTERVENTION AGREEMENTS ENTERED INTO BY A DEFENDANT AND THE SOLICITOR IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 17-25-80, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS REGARDING HARD LABOR, SO AS TO CHANGE THE NAME OF THE COMMISSIONER; SECTION 17-25-145, RELATING TO IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS; SECTION 17-25-370, RELATING TO EXECUTION OF DEATH SENTENCE, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-380, RELATING TO COPIES AND FORM OF NOTICE OF DEATH PENALTY, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 17-25-400, RELATING TO SERVICE OF NOTICE ON PRISONER, SO AS TO CHANGE THE NAME OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS; SECTION 20-7-690, RELATING TO CONFIDENTIALITY OF DEPARTMENT OF SOCIAL SERVICES RECORDS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 20-7-2020, RELATING TO APPROVAL OF AGREEMENTS UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-2340, RELATING TO ADOPTION FEES ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE AUTHORITY TO ESTABLISH THESE FEES; SECTION 20-7-2379, AS AMENDED, RELATING TO THE DIVISION FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO DELETE THE INAPPLICABLE PROVISION FOR THE DIVISION DIRECTOR'S SALARY; SECTION 20-7-2640, AS AMENDED, RELATING TO THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE, MEDICAL ASSISTANCE IDENTIFICATION, BENEFITS, AND EXCEPTIONS, SO AS TO CLARIFY THAT DEPARTMENT AS USED IN SUBSECTION (C) MEANS THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL SERVICES PROVIDED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 20-7-5910, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO REVISE THE NAMES OF CERTAIN STATE AGENCIES AND THE TITLES OF CERTAIN ADMINISTRATIVE HEADS OF STATE AGENCIES; SECTION 23-4-20, RELATING TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS OF THE OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION OF PUBLIC SAFETY PROGRAMS REFERRED TO IN THIS SECTION MEANS THE DEPARTMENT OF PUBLIC SAFETY RATHER THAN OF THE OFFICE OF THE GOVERNOR; SECTION 23-4-110, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND DELINQUENCY, SO AS TO CONFORM THE MEMBERSHIP OF THE COMMITTEE TO THE REVISIONS OF THE RESTRUCTURING ACT; SECTION 23-4-520, RELATING TO THE DUTIES OF THE GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PROGRAMS, SO AS TO CORRECT A REFERENCE TO THE FORMER DEPARTMENT OF YOUTH SERVICES; SECTION 23-6-420, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, SO AS TO REVISE THE JOB TITLE OF A MEMBER OF THE COUNCIL FROM THE DEPARTMENT OF NATURAL RESOURCES AND TO FURTHER PROVIDE FOR THE TERMS OF OFFICE OF CERTAIN MEMBERS OF THE COUNCIL; SECTION 23-6-490, RELATING TO PATROLLING OF A MUNICIPAL AREA WHILE ITS SOLE LAW ENFORCEMENT OFFICER IS ATTENDING REQUIRED TRAINING, SO AS TO DELETE A REFERENCE IN THE SECTION TO A PROVISION OF LAW WHICH HAS BEEN REPEALED; SECTION 23-9-10, AS AMENDED, RELATING TO THE STATE FIRE MARSHAL, SO AS TO CORRECT AN INTERNAL CODE SECTION REFERENCE; SECTION 23-11-110, AS AMENDED, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO CORRECT A REFERENCE TO THE SOUTH CAROLINA CRIMINAL JUSTICE TRAINING COUNCIL; TO REPEAL SECTION 356, ACT 181 OF 1993 WHICH AMENDS A CERTAIN PORTION OF SECTION 23-23-30(A)(4) AS THIS SECTION WAS REPEALED ELSEWHERE IN THE RESTRUCTURING ACT; SECTION 24-13-730, RELATING TO PROGRAM CHANGES SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, SO AS TO REVISE CODE SECTIONS; SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT OF PERSON RELEASED, SO AS TO CHANGE THE REFERENCE OF "PRISON OVERCROWDING POWERS ACT" TO OFFENDER MANAGEMENT SYSTEM ACT AND TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-30, RELATING TO ELIGIBILITY TO PARTICIPATE IN THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE THE REFERENCE OF THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-22-150, RELATING TO FUNDING REQUIRED, SO AS TO CHANGE THE REFERENCE OF COMMISSION TO DIRECTOR; SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES; SECTION 24-26-10, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CORRECT REFERENCES TO CERTAIN NONVOTING MEMBERS OF THE COMMISSION; SECTION 25-19-20, RELATING TO THE PRISONER OF WAR COMMISSION, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS' AFFAIRS TO CONFORM TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 31-13-30, RELATING TO MEMBERSHIP ON THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 31-17-330, RELATING TO EXCEPTIONS FOR MOBILE HOME LICENSES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE AND TAXATION; SECTION 33-14-210, RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION BY THE SECRETARY OF STATE, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 33-39-250, RELATING TO THE POWERS OF COUNTY BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 37-4-107, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE AND THE MAXIMUM CHARGE BY A CREDITOR FOR INSURANCE, SO AS TO DELETE A REFERENCE TO INSURANCE COMMISSIONER AND SUBSTITUTE DEPARTMENT OF INSURANCE; SECTION 37-4-108, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND A REQUIRED REFUND OR CREDIT, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND SUBSTITUTE DEPARTMENT OF INSURANCE; SECTION 37-4-111, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND COOPERATION BETWEEN THE ADMINISTRATOR OF THESE PROVISIONS OF LAW AND THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND REPLACE THEM WITH APPROPRIATE REFERENCES TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 37-4-112, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND ADMINISTRATIVE ACTION OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO CHANGE REFERENCES TO INSURANCE COMMISSION TO DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 37-4-203, AS AMENDED, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, CONSUMER CREDIT INSURANCE, AND THE FILING AND APPROVAL OF RATES AND FORMS, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND REPLACE THEM WITH APPROPRIATE REFERENCES TO THE DEPARTMENT OF INSURANCE AND THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 38-3-110, AS AMENDED, RELATING TO THE DUTIES OF THE FORMER CHIEF INSURANCE COMMISSIONER (NOW KNOWN AS THE DIRECTOR OF THE DEPARTMENT OF INSURANCE), SO AS TO MAKE A TECHNICAL CORRECTION TO THE LANGUAGE USED IN THE CODE SECTION; SECTION 38-73-1380, AS AMENDED, RELATING TO PRIVATE PASSENGER AUTOMOBILE INSURANCE, APPROVAL OF FINAL RATE OR PREMIUM CHARGE, AND APPROVAL OF EXPENSE COMPONENT, SO AS TO DELETE AN INCORRECT REFERENCE TO "THE DIVISION" AND SUBSTITUTE A REFERENCE TO "THE DEPARTMENT", MEANING THE DEPARTMENT OF INSURANCE; SECTION 38-77-580, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO ELIMINATE AN UNNECESSARY REQUIREMENT THAT THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE ACT THROUGH THE DEPARTMENT IN PERFORMING A CERTAIN FUNCTION; SECTION 38-81-270, AS AMENDED, RELATING TO THE LEGAL PROFESSIONAL LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION AND THE GATHERING OF DATA, SO AS TO DELETE A REFERENCE TO DEPARTMENT (MEANING THE DEPARTMENT OF INSURANCE) AND SUBSTITUTE DIRECTOR (MEANING DIRECTOR OF THE DEPARTMENT OF INSURANCE); SECTION 38-87-40, AS AMENDED, RELATING TO INSURANCE, OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, AND REQUIREMENTS FOR DOING BUSINESS IN THE STATE, SO AS TO CHANGE CERTAIN REFERENCES AS A RESULT OF GOVERNMENT RESTRUCTURING; CHAPTER 23 OF TITLE 39, AS AMENDED, RELATING TO ADULTERATED, MISBRANDED, OR NEW DRUGS AND DEVICES, SO AS TO CONFORM THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 40-15-210, AS AMENDED, RELATING TO THE AUTHORITY OF A PERSON WHOSE LICENSE OR REGISTRATION CERTIFICATE TO PRACTICE DENTISTRY, DENTAL HYGIENE, OR PERFORM DENTAL TECHNOLOGICAL WORK HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF ARTICLE 5, CHAPTER 23 OF TITLE 1 (ADMINISTRATIVE LAW JUDGE DIVISION), SO AS TO REENACT THE CRIMINAL PENALTY PROVISIONS WHICH WERE INADVERTENTLY OMITTED BY ACT 181 OF 1993 (RESTRUCTURING); SECTION 40-25-40, AS AMENDED, RELATING TO RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION OF HEARING AID SPECIALISTS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 40-35-10, AS AMENDED, RELATING TO DEFINITIONS CONCERNING THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO CHANGE REFERENCES IN THE DEFINITION OF "QUALIFIED MENTAL RETARDATION PROFESSIONAL" FROM THE SOUTH CAROLINA DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-35-140, AS AMENDED, RELATING TO THE REQUIREMENT THAT HABILITATION CENTERS FOR THE MENTALLY RETARDED MUST BE UNDER THE SUPERVISION OF A LICENSED NURSING HOME ADMINISTRATOR, SO AS TO CHANGE A REFERENCE FROM THE DEPARTMENT OF MENTAL RETARDATION TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-47-140, AS AMENDED, RELATING TO MINIMUM STANDARDS TO BE OBTAINED ON EXAMINATION REQUIRED BY THE BOARD OF MEDICAL EXAMINERS, SO AS TO CHANGE A REFERENCE FROM THE STATE MENTAL RETARDATION DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTION 40-73-15, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO FURTHER PROVIDE FOR CERTAIN OF THESE PROFESSIONS AND OCCUPATIONS; SECTIONS 41-10-70, 41-10-80, 41-10-90, 41-10-110, 41-13-25, 41-15-320, 41-16-100, 41-16-110, 41-16-180, 41-18-40, 41-18-60, 41-18-70, 41-18-80, 41-18-100, 41-18-110, 41-18-120, 41-21-20, AS AMENDED, AND SECTIONS 41-13-20, 41-13-50, 41-13-60, 41-15-90, 41-15-100, 41-15-210 THROUGH 41-15-290, 41-15-300, 41-15-310, 41-15-520, 41-16-20, 41-16-40 THROUGH 41-16-90, 41-16-120 THROUGH 41-16-160, 41-17-10, 41-17-20, 41-17-40, 41-17-50, 41-17-60, 41-17-70, 41-18-50, 41-18-130, 41-18-150, 41-21-30, 41-21-40, 41-21-70, 41-21-80, 41-21-100, AND 41-21-110, RELATING TO THE COMMISSIONER OF LABOR, THE DEPARTMENT OF LABOR, AND VARIOUS DIVISIONS WITHIN THE DEPARTMENT, SO AS TO CONFORM THOSE REFERENCES TO THE PROVISIONS OF SECTION 977 OF ACT 181 OF 1993 (RESTRUCTURING ACT) AND DELETE OBSOLETE PROVISIONS; SECTION 41-43-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-43-190, RELATING TO THE EXPORT PROGRAMS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-44-90, AS AMENDED, RELATING TO THE INCOME AND PREMIUM TAX CREDIT ALLOWED A TAXPAYER WITH A QUALIFIED INVESTMENT IN A BUSINESS RECEIVING FINANCING FROM THE PALMETTO SEED CAPITAL FUND, SO AS TO CONFORM REFERENCES TO "COMMISSION" TO THE RESTRUCTURING ACT; SECTION 42-5-60, RELATING TO INSURANCE DEEMED SUBJECT TO TITLE 42 (WORKERS' COMPENSATION) AND APPROVAL OF FORMS, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 42-5-130, RELATING TO THE PROCEDURE TO BE FOLLOWED UPON THE WITHDRAWAL OF A WORKERS' COMPENSATION CARRIER FROM THE STATE, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 42-5-230, RELATING TO WORKERS' COMPENSATION AND THE MANNER IN WHICH NOTICE TO THE INSURANCE CARRIER MUST BE GIVEN, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND REPLACE IT WITH A REFERENCE TO DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 43-1-115, RELATING TO COUNTY DEPARTMENT OF SOCIAL SERVICES BIENNIAL PERFORMANCE AUDITS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE STATE DEPARTMENT; SECTIONS 43-7-410, 43-7-420, 43-7-430, AND 43-7-440, RELATING TO ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO DELETE REFERENCES TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND SUBSTITUTE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO AMEND SECTION 43-35-310, RELATING TO THE ADULT PROTECTION COORDINATING COUNCIL, SO AS TO REVISE THE NAME OF THE MEMBER AGENCIES AND ADMINISTRATIVE TITLES; TO AMEND SECTION 44-1-50, RELATING TO THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE DECISIONS OF AN ADMINISTRATIVE LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 44-2-75, AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988 AND INSURANCE POOLS, SO AS TO MAKE A TECHNICAL CORRECTION WITH RESPECT TO A REFERENCE TO THE DEPARTMENT OF INSURANCE; SECTION 44-6-5, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE FOR IT DEPARTMENT UNDER THE DEFINITION OF MARKET BASKET INDEX; SECTION 44-6-60, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO REVISE THE NAMES OF THE DEPARTMENTS REPRESENTED ON THE COMMITTEE AND THE TITLES OF THE DEPARTMENT ADMINISTRATORS; SECTION 44-6-140, AS AMENDED, RELATING TO MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM AND COST CONTAINMENT MEASURES, SO AS TO DELETE COMMISSION IN TWO INSTANCES AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-146, AS AMENDED, RELATING TO COUNTY ASSESSMENTS FOR INDIGENT MEDICAL CARE AND PENALTIES FOR FAILURE TO PAY ASSESSMENTS IN A TIMELY MANNER, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-170, AS AMENDED, RELATING TO THE HEALTH DATA OVERSIGHT COUNCIL, SO AS TO REVISE THE TITLES OF THE ADMINISTRATIVE HEADS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-6-520, AS AMENDED, RELATING TO THE SALE, LEASE, OR MORTGAGE OF A NURSING HOME IN RECEIVERSHIP, SO AS TO CHANGE A REFERENCE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-540, RELATING TO THE REGULATION-MAKING AUTHORITY UNDER THE "INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOME ACT", SO AS TO DELETE THE REFERENCE TO COMMISSION (MEANING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION) AND SUBSTITUTE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS 44-6-720 AND 44-6-730, RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90, RELATING TO VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS AND PENALTIES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF MENTAL RETARDATION; SECTION 44-7-370, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS TO THE RESIDENTIAL CARE COMMITTEE, SO AS TO REVISE THE TITLE OF THE DEPARTMENT ADMINISTRATOR; SECTION 44-23-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MENTALLY ILL AND MENTALLY RETARDED PERSONS, SO AS TO CLARIFY THE DEFINITION OF DIRECTOR; SECTION 44-38-380, AS AMENDED, RELATING TO THE ADVISORY COUNCIL TO THE SOUTH CAROLINA HEAD AND SPINAL CORD SERVICE DELIVERY SYSTEM, SO AS TO REVISE THE NAME OF A MEMBER OF THE COUNCIL AND THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-40-60, RELATING TO SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTION 44-53-480, RELATING TO SOUTH CAROLINA LAW ENFORCEMENT DIVISION ENFORCEMENT OF CONTROLLED SUBSTANCE LAWS, SO AS CONFORM REFERENCES TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-490, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DRUG INSPECTORS, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE INSPECTION WARRANTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH RESPECT TO THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-55-120, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO HAZARDOUS WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-67-90, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S FUNDS FOR LITTER CONTROL RESEARCH, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 44-96-440, RELATING TO UNLAWFUL ACTS UNDER SOLID WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 48-4-10, RELATING TO THE CREATION OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 48-9-1820, AS AMENDED, RELATING TO BOARDS OF ADJUSTMENT FOR SOIL AND WATER CONSERVATION DISTRICTS, SECTION 48-9-1840, AS AMENDED, RELATING TO PETITIONS FILED WITH THE BOARDS, AND SECTION 48-9-1850, AS AMENDED, RELATING TO HEARINGS AND ACTION BY THE BOARDS, SO AS TO CLARIFY REFERENCES TO THE BOARDS; SECTION 48-39-210, AS AMENDED, RELATING TO CRITICAL AREA DELINEATIONS, SO AS TO REVISE THE NAME OF THE COASTAL COUNCIL; SECTION 49-7-70, RELATING TO THE POWERS OF THE BUSHY PARK AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 50-3-510, AS AMENDED, RELATING TO THE CUTTING OF TIMBER BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-5-110, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCE TO DIVISION TO DEPARTMENT TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 50-9-70, RELATING TO THE ESTABLISHMENT OF HUNTER EDUCATION PROGRAMS, SO AS TO REVISE THE NAME OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 50-9-470, AS AMENDED, RELATING TO TEMPORARY NONRESIDENT FISHING LICENSES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-17-730, AS AMENDED, RELATING TO THE REQUIREMENT FOR PEELER AND SOFT SHELL CRABS, SO AS TO DELETE THE REFERENCE TO MARINE RESOURCES DIVISION TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK FACILITIES BY DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING AND THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM; SECTION 51-13-860, RELATING TO A SPECIAL LOAN TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 53-3-100, RELATING TO THE COMMITTEE WHICH HONORS THE "SOUTH CAROLINA FAMILY OF THE YEAR", SO AS TO REVISE THE NAMES OF CERTAIN DEPARTMENTS AND COMMISSIONS ON THE COMMITTEE; SECTION 56-1-221, RELATING TO A MEDICAL ADVISORY BOARD TO THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO CONFORM REFERENCES TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTIONS 56-1-1330, AS AMENDED, RELATING TO PROVISIONAL DRIVER'S LICENSE, SO AS TO CHANGE REFERENCES FROM THE SOUTH COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 56-3-1010, RELATING TO DEFINITIONS FOR REGISTRATION OF CORPORATE OWNED FLEET MOTOR VEHICLES, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE AND TAXATION; SECTION 56-5-2990, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON CONVICTED OF CERTAIN VIOLATIONS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 56-10-240, AS AMENDED, RELATING TO NOTICE OF INSURANCE CANCELLATION, SO AS TO CORRECT REFERENCES TO THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF REVENUE AND TAXATION; SECTION 57-1-140, AS AMENDED, RELATING TO EXPANDING HIGHWAYS AND ROADS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-5-1335 AND 57-5-1340, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION REGARDING TURNPIKES, SO AS TO CHANGE REFERENCES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-25-150, AS AMENDED, RELATING TO PERMIT FEES FOR DIRECTIONAL SIGNS, SO AS TO CHANGE THE REFERENCE OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-25-470 AND 57-25-680, RELATING TO COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-27-70, RELATING TO ACQUISITION OF LANDS FOR JUNKYARDS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; ARTICLE 3, CHAPTER 3, TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO DEVOLVE ITS DUTIES AND FUNCTIONS UPON THE DEPARTMENT OF PUBLIC SAFETY, STATE POLICE DIVISION; SECTION 59-23-20, RELATING TO THE AUTHORITY OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO CONFORM A REFERENCE TO THE ECONOMIC DEVELOPMENT COORDINATING COUNCIL TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 59-36-20, RELATING TO DEVELOPMENT OF A COMPREHENSIVE SYSTEM OF SPECIAL EDUCATION, SO AS TO REVISE THE NAME OF THE CONTINUUM OF CARE; SECTION 59-63-31, RELATING TO RESIDENCY REQUIREMENTS TO ATTEND PUBLIC SCHOOLS, SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF YOUTH SERVICES TO ACT 181 OF 1993; SECTION 59-65-30, AS AMENDED, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 59-67-535, RELATING TO THE USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 59-111-20, AS AMENDED, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTIONS 61-1-120 AND 61-1-125, RELATING TO REQUIREMENTS FOR APPLICANTS FOR LICENSES AND PERMITS ISSUED PURSUANT TO THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-3-425, RELATING TO THE PROHIBITION ON USING, RENEWING, OR TRANSFERRING BEER, WINE, AND ALCOHOLIC BEVERAGE LICENSES AND PERMITS WITHOUT A SIGNED STATEMENT FROM THE SOUTH CAROLINA TAX COMMISSION AND THE INTERNAL REVENUE SERVICE THAT THE APPLICANT DOES NOT OWE DELINQUENT TAXES, SO AS TO CONFORM THE REFERENCE TO TAX COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTIONS 61-5-320 AND 61-5-360, AS AMENDED, RELATING TO THE DISBURSEMENT OF FUNDS TO COUNTIES FOR EDUCATIONAL PURPOSES RELATING TO USE OF ALCOHOLIC LIQUORS AND THE REHABILITATION OF ALCOHOLICS, DRUG ABUSERS, AND DRUG ADDICTS, SO AS TO CHANGE REFERENCES FROM THE SOUTH CAROLINA COMMISSION ON ALCOHOLISM AND THE COMMISSIONER OF NARCOTICS AND CONTROLLED SUBSTANCES TO THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; SECTION 61-9-35, RELATING TO REQUIREMENTS FOR THE SALE OF BEER AND WINE AND THE RESTRICTIONS ON BEER OR BEER AND WINE PERMITTEES IN PAYING WHOLESALERS AND THE PENALTY FOR VIOLATIONS, SO AS TO CHANGE REFERENCES TO ALCOHOLIC BEVERAGE CONTROL COMMISSION AND COMMISSION TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 61-13-590, RELATING TO THE SALE OF ALCOHOLIC BEVERAGES SEIZED IN ENFORCEMENT ACTIONS, SO AS TO CONFORM A REFERENCE TO THE TAX COMMISSION TO THE RESTRUCTURING ACT; AND ACT 181 OF 1993, RELATING TO THE EFFECTIVE DATES OF THE STATE GOVERNMENT RESTRUCTURING ACT, SO AS TO MAKE TECHNICAL CORRECTIONS IN REGARD TO CERTAIN EFFECTIVE DATES AND EFFECTIVE DATE REFERENCES.
H. 4844 -- Reps. Shissias, McElveen, Neal, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson and Wells: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.
H. 4763 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS OF CHAPTER 33, TITLE 40, THE NURSE PRACTICE ACT, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT PROHIBIT THE PRACTICE OF NURSING BY GRADUATES OF NURSING SCHOOLS AWAITING LICENSING EXAMINATION RESULTS, AND TO AMEND SECTION 40-33-920, AS AMENDED, RELATING TO LICENSING REEXAMINATION, SO AS TO REVISE THE REQUIREMENTS FOR REEXAMINATION.
H. 4872 -- Rep. Houck: A BILL TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV.
H. 4873 -- Rep. Houck: A BILL TO AMEND SECTION 44-53-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PROFESSIONALS UNDER NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO REVISE THE DATES FOR EXPIRATION AND RENEWAL OF REGISTRATIONS; AND TO PROVIDE STAGGERED REGISTRATIONS.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1096 -- Senators Land, Moore, Waldrep and Giese: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CERTAIN VIOLATIONS BY JUVENILES, SO AS TO REQUIRE THE FAMILY COURTS TO REPORT ALSO VIOLATIONS THAT AFFECT THE JUVENILE'S PRIVILEGE TO DRIVE; TO AMEND SECTION 56-1-745, AS AMENDED, RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR CONTROLLED SUBSTANCE VIOLATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO DEFINE CONTROLLED SUBSTANCE VIOLATIONS; TO AMEND SECTION 56-1-747, RELATING TO WHAT CONSTITUTES A CONVICTION FOR SUSPENSION PURPOSES, SO AS TO INCLUDE JUVENILE PROCEEDINGS.
S. 1175 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO REFER TO THE HEAD OF THE DEPARTMENT OF COMMERCE AS THE "SECRETARY OF COMMERCE" INSTEAD OF "DIRECTOR OF THE DEPARTMENT OF COMMERCE", AND PROVIDE THAT THE SECRETARY OF COMMERCE MAY APPOINT A DEPARTMENTAL EXECUTIVE DIRECTOR AND CERTAIN DIRECTORS TO MANAGE THE DIVISIONS OF THE DEPARTMENT; TO AMEND SECTION 13-1-30, RELATING TO DIRECTOR OF THE DEPARTMENT OF COMMERCE, HIS DUTIES AND RESPONSIBILITIES, AND DEPUTY DIRECTORS, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL BE HEADED BY A SECRETARY, TO BE KNOWN AS THE SECRETARY OF COMMERCE, RATHER THAN A DIRECTOR, AUTHORIZE THE SECRETARY TO APPOINT AN EXECUTIVE DIRECTOR TO SERVE AT THE PLEASURE OF THE SECRETARY AND TO BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF PROGRAMS OUTLINED BY THE SECRETARY, AND AUTHORIZE THE SECRETARY TO APPOINT A "DIRECTOR", RATHER THAN A "DEPUTY DIRECTOR", FOR EACH DIVISION OF THE DEPARTMENT, WHO SHALL SERVE AT THE PLEASURE OF THE SECRETARY AND BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF THE PROGRAMS OUTLINED BY HIM; TO AMEND SECTION 13-1-310, RELATING TO THE DIVISION OF STATE DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE THE TERM "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF STATE DEVELOPMENT, AND PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-610, RELATING TO THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT, AND PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-1320, RELATING TO THE DIVISION OF PUBLIC RAILWAYS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE PUBLIC RAILWAYS DIVISION; TO AMEND SECTION 55-1-5, RELATING TO THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE DIVISION OF AERONAUTICS; TO PROVIDE THAT UPON THE EFFECTIVE DATE OF THIS ACT THE TITLE "DIRECTOR OF THE DEPARTMENT OF COMMERCE" IS CHANGED FOR ALL PURPOSES UNDER THE LAWS OF THIS STATE TO "SECRETARY OF COMMERCE"; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE THE SECRETARY OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE A DIRECTOR WITHIN THE DEPARTMENT OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO ANY PERSON APPOINTED BY THE SECRETARY OF COMMERCE AS THE ADMINISTRATIVE HEAD OF A PARTICULAR DIVISION OF THE DEPARTMENT OF COMMERCE; TO PROVIDE THAT "DIRECTOR OF THE DEPARTMENT OF COMMERCE" WHEREVER USED OR SET FORTH IN THE LAWS OF THIS STATE MEANS THE SECRETARY OF COMMERCE, THAT IS, THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE; AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN TERMINOLOGY AND NOMENCLATURE SO AS TO COMPLY WITH THE DIRECTIVES AND THE INTENT OF THIS ACT.
S. 1094 -- Senators Bryan and Giese: A BILL TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR LICENSURE FOR CERTAIN HEALTH FACILITIES AND SERVICES, SO AS TO EXEMPT COMMUNITY-BASED HOUSING SPONSORED, LICENSED, OR CERTIFIED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS.
S. 1115 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.
S. 1119 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR REGISTRATION AS AN OPTOMETRIST, SO AS PROSPECTIVELY TO REQUIRE THERAPEUTIC CERTIFICATION; TO AMEND SECTION 40-37-103, RELATING TO DIAGNOSTIC AND THERAPEUTIC EXAMINATIONS, SO AS TO DELETE THE DIAGNOSTIC CATEGORY AND TO PROVIDE THAT THEY MUST BE APPROVED RATHER THAN ADMINISTERED BY THE BOARD; TO AMEND SECTION 40-37-210, RELATING TO PROCEDURES FOR TAKING AND HEARING COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MAY BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-37-290, RELATING TO OFFICE LOCATION AND POSTING OF REGISTRATIONS, SO AS TO PROHIBIT THE BOARD FROM RESTRICTING OFFICE LOCATION AND THE USE OF MOBILE UNITS.
The following Bill was taken up.
H. 5114 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1994, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, PROVIDE THAT WHEN THE TOWN OF IRMO ANNEXES ITS TERRITORY THE PROPERTY ANNEXED SHALL AUTOMATICALLY BECOME PART OF THE IRMO FIRE DISTRICT, AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.
The Bill was read the third time, and ordered sent to the Senate.
The following Bill was taken up.
H. 4481 -- Reps. Snow, Inabinett and Riser: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.
Rep. SNOW explained the Bill.
Reps. HOLT, KENNEDY, J. BAILEY, BREELAND and STODDARD objected to the Bill.
The following Bill was taken up.
H. 4905 -- Reps. J. Wilder and Hodges: A BILL TO AMEND CHAPTER 5, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, SO AS TO DESIGNATE VOTER REGISTRATION AGENCIES TO PROVIDE CERTAIN SERVICES REGARDING VOTER REGISTRATION TO FACILITATE THIS PROCESS, TO PROVIDE FOR A PROCEDURE BY WHICH A VALID VOTER REGISTRATION FORM MAY BE COMPLETED AT THE DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, TO PROVIDE A PROCEDURE FOR AN ELECTOR TO VOTE AT A POLLING PLACE WHEN THEY HAVE MOVED AND HAVE NOT REREGISTERED IN THE PRECINCT IN WHICH THEY RESIDE, AND TO ENUMERATE THE POWERS OF THE STATE ELECTION COMMISSION IN IMPLEMENTING THE PROVISIONS OF THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE DIRECTOR DELETE THE NAME OF ANY ELECTOR WHO IS NO LONGER QUALIFIED TO VOTE IN THE PRECINCT WHERE HE IS CURRENTLY REGISTERED AND THE NAME OF AN ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE ELECTIONS, AND PROVIDE THAT THE EXECUTIVE DIRECTOR SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND COORDINATING THE STATE'S RESPONSIBILITIES UNDER THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-30, RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE CERTAIN ARCHAIC REFERENCES AND REFERENCES TO PROVISIONS WHICH ARE BEING ELIMINATED PURSUANT TO THE PROVISIONS OF THIS ACT, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, AN APPEAL BY AN ELECTOR THAT HIS NAME HAS BEEN DELETED FROM THE ROSTER MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO THE REGISTRATION OF AN ELECTOR BY MAIL, SO AS TO AUTHORIZE A PERSON TO REGISTER TO VOTE BY MAILING OR HAVING DELIVERED A COMPLETED STATE REGISTRATION BY MAIL APPLICATION FORM OR A COMPLETED NATIONAL REGISTRATION BY MAIL APPLICATION FORM PRESCRIBED BY THE FEDERAL ELECTION COMMISSION, TO REDUCE FROM FORTY-FIVE TO THIRTY DAYS THE TIME REQUIRED BEFORE ANY ELECTION TO FILE THIS APPLICATION FORM, TO PROVIDE THAT IF THE POSTMARK OF THE APPLICATION IS MISSING OR ILLEGIBLE THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE THE ELECTION, TO DELETE THE PROVISIONS REQUIRING THE APPLICATION TO BE WITNESSED BY A QUALIFIED ELECTOR, AND TO ADD CERTAIN REFERENCES TO VOTER REGISTRATION AGENCIES BEING DESIGNATED UNDER THE PROVISIONS OF SECTION 7-5-310; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS TO VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440 AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-830, AS AMENDED, RELATING TO THE PROCEDURE WHICH MUST BE USED WHEN A VOTER IS CHALLENGED, SO AS TO ADD A PROVISION WHICH REQUIRES THE AUTHORITY IN CHARGE TO EXAMINE EACH BALLOT IN QUESTION AND COUNT ONLY THAT PORTION OF THE BALLOT WHICH APPEARS ON THE BALLOT IN THE PRECINCT IN WHICH THE ELECTOR RESIDES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO THE ITEMS WHICH ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD COMPLETED VOTER REGISTRATION APPLICATION FORMS.
Reps. A. YOUNG, MEACHAM, H. BROWN, WOFFORD, RICHARDSON, CATO, CLYBORNE, HUTSON, VAUGHN, WELLS, GAMBLE, TROTTER, MARCHBANKS, SHISSIAS, WRIGHT, HALLMAN, FULMER, HARRELL, BAKER, GRAHAM, HASKINS, THOMAS and KEEGAN objected to the Bill.
The following Joint Resolution was taken up.
H. 4904 -- Reps. J. Wilder and Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENTS THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.
Reps. HASKINS, WELLS, TROTTER, A. YOUNG and ROBINSON objected to the Joint Resolution.
The following Bill was taken up.
H. 4664 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-15-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP ON THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE THE NUMBER FROM NINE TO ELEVEN; TO AMEND SECTION 40-15-80, AS AMENDED, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CRITERIA FOR STUDENTS WHO MAY RECEIVE CERTAIN SERVICES FROM HYGIENISTS; TO AMEND SECTION 40-15-130, RELATING TO ADVERTISING, SO AS TO SPECIFY WHAT RESTRICTIONS THE BOARD MAY PLACE ON ADVERTISING; TO AMEND SECTION 40-15-140, AS AMENDED, RELATING TO LICENSURE AND REGISTRATION, SO AS TO REQUIRE AN APPLICANT TO PROVIDE NO MORE THAN THREE REFERENCES; AND TO REQUIRE AN APPLICANT FOR REGISTRATION AS A DENTAL TECHNICIAN TO PASS A NATIONAL EXAMINATION; TO AMEND SECTION 40-15-180, RELATING TO COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MUST BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-15-190, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO REQUIRE ELECTIONS TO NOMINATE NEW BOARD MEMBERS BEFORE JANUARY 1, 1995; AND TO REAUTHORIZE THE STATE BOARD OF DENTISTRY FOR SIX YEARS.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, April 19, by Rep. NEAL.
Rep. NEAL explained the amendment.
Rep. CORNING objected to the Bill.
Rep. NEAL continued speaking and moved to adjourn debate upon the Bill until Thursday, April 21.
Rep. CHAMBLEE moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following Joint Resolution was taken up.
S. 1116 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.
Reps. WALDROP and J. BAILEY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16078AC.94), which was adopted.
Amend the joint resolution, as and if amended, by adding appropriately numbered sections to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 40-45-270. Nothing in this chapter may be construed to create a right in a physical therapist or physical therapist assistant to:
(1) have paid to the therapist or therapist assistant a benefit under:
(a) a self-funded plan providing health benefits to residents of this State;
(b) any accident and health insurance provided to residents of this State; or
(c) any plan of operations established by a health maintenance organization licensed in the State; or
(2) have a claim against a third party payor, however situated."
SECTION ____. Section 40-45-20 of the 1976 Code is amended to read:
"Section 40-45-20. In As used in this chapter, unless the context otherwise requires, the following definitions shall have the following meaning:
(1) 'Physical therapy' shall mean means the evaluation and treatment of any a bodily or mental condition of any a person by the use of physical, chemical, or mechanical agents, the properties of heat, light, water, electricity, massage, sound, and therapeutic exercises, including rehabilitation procedures, all under the prescription of a licensed doctor of medicine or dentistry. Without a prescription a physical therapist may conduct a one-time physical therapy evaluation on an individual. The use of roentgen rays and radium for diagnostic or therapeutic purposes, the use of electricity for surgical purposes, including cauterization and colonic irrigations, are not authorized under the term 'physical therapy' as used in this chapter.
(2) 'Physical therapist' shall mean means a person who practices physical therapy.
(3) 'Physical therapist assistant' shall mean means a person who assists a physical therapist and whose activities require an understanding of physical therapy but do not require advanced training in the anatomical, biological, and physical sciences involved in the practice of physical therapy.
(4) 'Prescription' shall mean means the written designation or oral designation later confirmed in writing of physical therapy treatment by a licensed doctor of medicine or dentistry and the instruction therefor for physical therapy may be as detailed or as general as the doctor in his sound discretion deems considers necessary in the particular case.
(5) 'Board' shall mean means the State Board of Physical Therapy Examiners."
SECTION ____. Section 40-45-200 of the 1976 Code, as last amended by Act 85 of 1993, is further amended to read:
"Section 40-45-200. The board, after due notice and hearing, may refuse to register any an applicant and may refuse to or renew the registration of any a registered person, and may suspend or revoke the registration of any a registered person who:
(1) Who is habitually drunk or who is addicted to the use of narcotic drugs or hallucinogenic agents;
(2) Who has been convicted of violating any a state or federal narcotic law;
(3) Who is, in the judgment of the board, guilty of immoral or unprofessional conduct;
(4) Who has been convicted of any a crime involving moral turpitude;
(5) Who is guilty, in the judgment of the board, of gross negligence in his practice practicing as a physical therapist or as a physical therapy assistant;
(6) Who has obtained or attempted to obtain registration by fraud or material misrepresentation or who has made any other false statement to the board;
(7) Who has been declared mentally incompetent by a court of competent jurisdiction and subsequently has not thereafter been declared sane;
(8) Who has treated or undertaken to treat human ailments otherwise other than by physical therapy as defined in this chapter, or who has undertaken to practice treat by physical therapy independent of the prescription of a licensed doctor of medicine or dentistry; or
(9) Who has failed or refused to obey any a lawful order or regulation of the board.;
(10) Who knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this section or to the regulations of the board; or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy.;
(11) Who has violated the code of ethics promulgated by the board."
SECTION ____. Section 40-45-220 of the 1976 Code is amended to read:
"Section 40-45-220. A person registered under this chapter as a physical therapist shall may not treat human aliments ailments otherwise other than by physical therapy as defined in this chapter or undertake to practice treat by physical therapy independent of the prescription of a licensed doctor of medicine or dentistry. Nothing in this chapter shall may be construed as authorizing a registered physical therapist, or any other person to practice medicine, surgery, osteopathy, homeopathy, chiropractics, naturopathy, magnetic healing, or any other form, branch, or method of healing as authorized by the laws of this State. A person registered under this chapter as a physical therapist assistant shall perform his these duties only after the initial examination and evaluation of the patient by a registered physical therapist, with the requirement of periodic reexamination and reevaluation of the patient and his the patient's treatment program by such the registered physical therapist, at frequent intervals, not less than after every seventh treatment given by the assistant. Any A person violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, by a court of competent jurisdiction, shall must be punished as set out in Section 40-47-260 fined not more than one thousand dollars or imprisoned not more than two years, or both. Each violation constitutes a separate offense. This section applies to a corporation, association, or person aiding or abetting in violation of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. WALDROP explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 4991 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1709, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH moved to table the Joint Resolution, which was agreed to.
The SPEAKER granted Rep. HINES a leave of absence for the remainder of the day.
The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4992 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHOOL IMPROVEMENT COUNCILS AND THE ANNUAL SCHOOL AND DISTRICT IMPROVEMENT REPORTS (REPEALED IN ITS ENTIRETY); DISTRICT AND SCHOOL COMPREHENSIVE PLANNING (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4993 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENTING/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CHILD DEVELOPMENT PROGRAMS (REPEALED IN ITS ENTIRETY), DESIGNATED AS REGULATION DOCUMENT NUMBER 1714, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH explained the Joint Resolution.
H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO HALF-DAY CHILD DEVELOPMENT PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4998 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1736, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4999 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1737, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5001 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO FAILURE TO APPEAR AT HEARING BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1743, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 5002 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS & LAND SURVEYORS, RELATING TO REGISTRATION OF TAC/ABET FOUR-YEAR ENGINEERING TECHNOLOGY GRADUATES THUS ESTABLISHING A TWO-TIER CATEGORY REGISTRATION DESIGNATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1699, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Joint Resolution was taken up.
H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED REMEDIAL EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND ACADEMIC ASSISTANCE PROGRAMS (GRADES 4-12), DESIGNATED AS REGULATION DOCUMENT NUMBER 1716, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. JASKWHICH explained the Joint Resolution.
Rep. ROGERS moved to adjourn debate upon the Joint Resolution until Thursday, April 21, which was adopted.
Rep. ROGERS moved to adjourn debate upon the following Joint Resolution until Thursday, April 21, which was adopted.
H. 4997 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND EARLY CHILDHOOD ASSISTANCE PROGRAMS, GRADES K-3 (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1717, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5854HTC.94).
Amend the bill, as and if amended, by striking subsections (B) and (D) of Section 15-75-40, as contained in SECTION 1, beginning on page 1, and inserting:
/(B) In a proceeding brought under this section the burden of proof is by a preponderance of the evidence.
(D) Parents or legal guardians of an unemancipated minor are civilly liable for the minor who commits shoplifting against the property of a store or other retail mercantile establishment to the operator of the establishment in an amount consisting of:
(1) the retail price of the merchandise if not recovered in merchantable condition up to an amount not to exceed fifteen hundred dollars; plus
(2) a penalty not to exceed the greater of three times the retail price of the merchandise or one hundred fifty dollars. In no event may the penalty exceed five hundred dollars./
Amend further, Section 15-75-40, SECTION 1, by adding:
/(L) A store which utilizes the provisions of this section is prohibited from subsequently filing criminal charges against the individual pursuant to Section 16-13-110."/
Amend further, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect July 1, 1994, and applies to acts committed after June 30, 1994./
Reletter subsections to conform.
Amend title to conform.
Rep. HUFF explained the amendment and moved to adjourn debate upon the Bill until Thursday, April 21, which was adopted.
The following Bill was taken up.
H. 4780 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE THAT A RESIDENT OF A NURSING HOME OF THIS STATE MAY CONTRACT WITH A PERSON NOT ASSOCIATED WITH THE NURSING HOME TO PERFORM CERTAIN SERVICES AND TO PROVIDE EXCEPTIONS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9096SD.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-81-40 of the 1976 Code, as amended by Act 474 of 1992, is further amended by adding:
(O) A resident may contract with a person not associated with or employed by the facility to perform sitter services unless the services are prohibited from being performed by a private contractor by state or federal law or by the written contract between the facility and the resident. The person, being a private contractor, is required to abide by and follow the policies and procedures of the facility as they pertain to sitters and volunteers. All residents employing a private contractor must agree in writing to hold the facility harmless from any liability."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HOUCK explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1021 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE THAT RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON MUST FIRST BE FROM THE ARRESTED PERSON'S INSURANCE OR FINANCIAL RESOURCES AND THEN FROM GOVERNMENT FUNDS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20709SD.94), which was adopted.
Amend the bill, as and if amended, by striking Section 17-13-55 of the 1976 Code, as contained in SECTION 1, and inserting:
/"Section 17-13-55. (A) The constitutional duty to provide an arrested person with medical care is not affected by this section.
(B) The responsibility for paying the expenses of medical care, treatment, hospitalization, and transportation for any person ill, wounded, or otherwise injured during or at the time of arrest for any violation of a state law or a county or municipal ordinance is the responsibility of the person receiving the care, treatment, hospitalization, and transportation. The responsibility for the payment of such expenses for the continuation of medical care or treatment the person was receiving prior to his arrest is also the responsibility of that person.
(C) The provider of services to an arrested person shall seek reimbursement for the expenses incurred in providing medical care, treatment, hospitalization, or transportation from the following sources in the following order:
(1) from an insurance company, health care corporation, or other source if the arrested person is covered by an insurance policy or subscribes to a health care corporation or other source for those expenses;
(2) from the arrested person receiving the medical care, treatment, hospitalization, or transportation;
(3) from a financial settlement for the medical care, treatment, hospitalization, or transportation payable or accruing to the arrested person;
(4) from the state general fund;
(5) from the general fund of the county in which the person was arrested if the arrest was for a violation of state law or county ordinance, or from the municipal general fund if the arrest was for violation of a municipal ordinance.
(D) The responsibility of the state general fund or a county or municipal general fund for payment of these medical costs shall exist until the time that an arrested person is released from the custody of the arresting or detaining agency.
(E) For purposes of this section only, the terms 'arrest', 'arrested', and 'arresting' shall include the taking into custody or detention of any person without a formal arrest being made."/
Amend the bill further, as and if amended, by adding a new SECTION to be appropriately numbered to read:
/SECTION ____. Section 20-7-3230(A)(4) of the 1976 Code, as amended, is further amended to read:
/"(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed shall be determined by the department after its consideration and review of American Correctional Association standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with Sections 20-7-600 and 20-7-605. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles in adult jails anywhere within the State of South Carolina. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division of the Department of Corrections that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division of the Department of Corrections for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. A juvenile ordered detained in a facility must be screened within twenty-four hours by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The services must be provided immediately. In Department of Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the committing county. The per diem paid by the county must be based on the average operating cost among all preadjudicatory state facilities. The Department of Juvenile Justice must assume one-third of the per diem cost and the committing county governing body of the law enforcement agency having originally detained the juveniles must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the local law enforcement agency which takes the juvenile into custody. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LANFORD explained the amendment.
The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.
Rep. LANFORD continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. GONZALES moved that the House recur to the morning hour, which was agreed to by a division vote of 53 to 29.
Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Ordered for consideration tomorrow.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5146 -- Rep. Whipper: A BILL TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.
On motion of Rep. WHIPPER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. WAITES, with unanimous consent, the following was taken up for immediate consideration:
H. 5147 -- Rep. Waites: A CONCURRENT RESOLUTION TO RECOGNIZE THURSDAY, APRIL 28, 1994, AS "TAKE OUR DAUGHTERS TO WORK DAY" AND TO COMMEND EMPLOYERS AND THOSE PARTICIPATING FOR CREATING AN OPPORTUNITY FOR YOUNG WOMEN TO BEGIN LOOKING TO THEIR FUTURES IN THE WORK FORCE WITH REALISM AND OPTIMISM.
Whereas, on April 28, 1993, nearly a million American girls and their parents made history by participating in the first "Take Our Daughters to Work Day"; and
Whereas, across the country thousands of girls ages nine to fifteen accompanied parents, relatives, teachers, and family friends to work to gain firsthand exposure to the American workplace; and
Whereas, recent studies indicate adolescence takes a greater toll on the self esteem of girls than on boys and that exposure to the work environment yields many benefits; and
Whereas, the number of women in the workplace has been steadily increasing since World War II and by the year 2000, two out of three new entrants into the labor force will be women; and
Whereas, by participating in the "Take Our Daughters to Work Day", young women are given an opportunity to look to their futures with realism and optimism based on their own firsthand experiences. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That Thursday, April 28, 1994, is recognized as "Take Our Daughters to Work Day" and that the employers, parents, and young women participating in this event are commended for creating the opportunity for these young women to begin looking to their futures in the workplace with realism and optimism.
Be it further resolved that a copy of this resolution be forwarded to Donna Jordan, Coordinator, Take Our Daughters to Work Day, Post Office Box 210875, Columbia, South Carolina 29221-0875.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. LANFORD moved to reconsider the vote whereby the following Joint Resolution, as amended, was given a second reading, which was agreed to.
S. 1116 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.
Rep. LANFORD moved to reconsider the vote whereby Amendment No. 1 was adopted.
Rep. WALDROP spoke against the motion to reconsider.
Rep. LANFORD spoke in favor of the motion to reconsider.
Rep. WALDROP spoke against the motion to reconsider.
The motion to reconsider was then agreed to.
Reps. WALDROP and J. BAILEY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16078AC.94), which was tabled.
Amend the joint resolution, as and if amended, by adding appropriately numbered sections to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 40-45-270. Nothing in this chapter may be construed to create a right in a physical therapist or physical therapist assistant to:
(1) have paid to the therapist or therapist assistant a benefit under:
(a) a self-funded plan providing health benefits to residents of this State;
(b) any accident and health insurance provided to residents of this State; or
(c) any plan of operations established by a health maintenance organization licensed in the State; or
(2) have a claim against a third party payor, however situated."
SECTION ____. Section 40-45-20 of the 1976 Code is amended to read:
"Section 40-45-20. In As used in this chapter, unless the context otherwise requires, the following definitions shall have the following meaning:
(1) 'Physical therapy' shall mean means the evaluation and treatment of any a bodily or mental condition of any a person by the use of physical, chemical, or mechanical agents, the properties of heat, light, water, electricity, massage, sound, and therapeutic exercises, including rehabilitation procedures, all under the prescription of a licensed doctor of medicine or dentistry. Without a prescription a physical therapist may conduct a one-time physical therapy evaluation on an individual. The use of roentgen rays and radium for diagnostic or therapeutic purposes, the use of electricity for surgical purposes, including cauterization and colonic irrigations, are not authorized under the term 'physical therapy' as used in this chapter.
(2) 'Physical therapist' shall mean means a person who practices physical therapy.
(3) 'Physical therapist assistant' shall mean means a person who assists a physical therapist and whose activities require an understanding of physical therapy but do not require advanced training in the anatomical, biological, and physical sciences involved in the practice of physical therapy.
(4) 'Prescription' shall mean means the written designation or oral designation later confirmed in writing of physical therapy treatment by a licensed doctor of medicine or dentistry and the instruction therefor for physical therapy may be as detailed or as general as the doctor in his sound discretion deems considers necessary in the particular case.
(5) 'Board' shall mean means the State Board of Physical Therapy Examiners."
SECTION ____. Section 40-45-200 of the 1976 Code, as last amended by Act 85 of 1993, is further amended to read:
"Section 40-45-200. The board, after due notice and hearing, may refuse to register any an applicant and may refuse to or renew the registration of any a registered person, and may suspend or revoke the registration of any a registered person who:
(1) Who is habitually drunk or who is addicted to the use of narcotic drugs or hallucinogenic agents;
(2) Who has been convicted of violating any a state or federal narcotic law;
(3) Who is, in the judgment of the board, guilty of immoral or unprofessional conduct;
(4) Who has been convicted of any a crime involving moral turpitude;
(5) Who is guilty, in the judgment of the board, of gross negligence in his practice practicing as a physical therapist or as a physical therapy assistant;
(6) Who has obtained or attempted to obtain registration by fraud or material misrepresentation or who has made any other false statement to the board;
(7) Who has been declared mentally incompetent by a court of competent jurisdiction and subsequently has not thereafter been declared sane;
(8) Who has treated or undertaken to treat human ailments otherwise other than by physical therapy as defined in this chapter, or who has undertaken to practice treat by physical therapy independent of the prescription of a licensed doctor of medicine or dentistry; or
(9) Who has failed or refused to obey any a lawful order or regulation of the board.;
(10) Who knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this section or to the regulations of the board; or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy.;
(11) Who has violated the code of ethics promulgated by the board."
SECTION ____. Section 40-45-220 of the 1976 Code is amended to read:
"Section 40-45-220. A person registered under this chapter as a physical therapist shall may not treat human aliments ailments otherwise other than by physical therapy as defined in this chapter or undertake to practice treat by physical therapy independent of the prescription of a licensed doctor of medicine or dentistry. Nothing in this chapter shall may be construed as authorizing a registered physical therapist, or any other person to practice medicine, surgery, osteopathy, homeopathy, chiropractics, naturopathy, magnetic healing, or any other form, branch, or method of healing as authorized by the laws of this State. A person registered under this chapter as a physical therapist assistant shall perform his these duties only after the initial examination and evaluation of the patient by a registered physical therapist, with the requirement of periodic reexamination and reevaluation of the patient and his the patient's treatment program by such the registered physical therapist, at frequent intervals, not less than after every seventh treatment given by the assistant. Any A person violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, by a court of competent jurisdiction, shall must be punished as set out in Section 40-47-260 fined not more than one thousand dollars or imprisoned not more than two years, or both. Each violation constitutes a separate offense. This section applies to a corporation, association, or person aiding or abetting in violation of this section."/
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD moved to table the amendment, which was agreed to.
The Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3154 -- Reps. J. Brown, G. Brown, Rogers, Byrd, Inabinett, Kennedy, Wofford, McLeod, Hines, Stone, Meacham, Lanford, Simrill and Wilkins: A BILL TO AMEND SECTION 16-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROBBERY OF OPERATORS OF MOTOR VEHICLES FOR HIRE, SO AS TO INCREASE THE PENALTY FOR A VIOLATION, TO PROHIBIT PAROLE UNTIL A MINIMUM TERM HAS BEEN SERVED, AND TO PROHIBIT SUSPENSION OF THE SENTENCE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20713SD.94), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-11-370 of the 1976 Code is amended to read:
"Section 16-11-370. Notwithstanding any provisions of the law to the contrary, any person who may hereafter, by way of threat, torture or the exhibition of a deadly weapon, or the discharge of a pistol or gun, attempt the robbery of, or shall rob, any person engaged in the performance of his duties as an operator of a motor vehicle being used for the transportation of passengers for hire shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than twenty-five years, in the discretion of the court. A person who, while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, robs or attempts the robbery of a person engaged in the performance of his duties as an operator of a motor vehicle being used for the transportation of passengers for hire is guilty of a felony and, upon conviction, must be sentenced as provided by Section 16-11-330."
SECTION 2. The 1976 Code is amended by adding:
"Section 16-11-345. The cardboard placard described in Section 16-11-340 also shall be provided to operators of motor vehicles being used for the transportation of passengers for hire by the Department of Revenue and Taxation. The size of the placard for this purpose shall be approximately two and one-half inches by five and one-half inches with appropriately sized letters. The placard shall be prominently displayed in the operator's vehicle."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 5018 -- Rep. J. Wilder: A BILL TO AMEND SECTION 59-32-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE HEALTH EDUCATION ACT DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "FAMILY LIFE EDUCATION" TO INCLUDE PARENTING SKILLS, AND TO AMEND SECTION 59-32-30, RELATING TO IMPLEMENTATION, GUIDELINES, AND RESTRICTIONS ON THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO REQUIRE FAMILY LIFE EDUCATION FOR CERTAIN GRADE LEVELS.
S. 1307 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-3-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGES IN NOMENCLATURE FOR "COMMISSIONER OF LABOR" AND OTHER TERMS UNDER THE GOVERNMENTAL RESTRUCTURING ACT OF 1993, SO AS TO PROVIDE THAT ANY CONTESTED MATTER HEARD BY THE FORMER COMMISSIONER OF LABOR MAY BE APPEALED TO AN ADMINISTRATIVE LAW JUDGE RATHER THAN TO THE OSHA REVIEW BOARD.
H. 4407 -- Rep. Hutson: A BILL TO AMEND SECTION 44-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO PROVIDE FOR STORAGE REQUIREMENTS FOR BLOOD SAMPLES USED IN THESE TESTS, FUTURE AVAILABILITY OF THESE SAMPLES FOR TESTING, AND CONFIDENTIALITY OF INFORMATION.
Rep. HOUCK explained the Bill.
S. 1071 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PHARMACY ACT INCLUDING THE DEFINITION OF "PRACTITIONER" AS ONE LICENSED TO PRESCRIBE DRUGS, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS.
H. 4773 -- Reps. Sharpe, Koon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTION 48-20-220, RELATING TO RESTRAINING ORDERS, INJUNCTIONS, AND CIVIL PENALTIES PERTAINING TO VIOLATIONS BY EXPLORERS AND MINERS, SO AS TO AUTHORIZE CEASE AND DESIST ORDERS AND CIVIL PENALTIES FOR NOT COMPLYING WITH THE REQUIREMENTS OF A GENERAL PERMIT.
Rep. SHARPE explained the Bill.
Rep. WALKER moved to adjourn debate upon the following Bill until Wednesday, April 27, which was adopted.
S. 226 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.
The following Joint Resolution was taken up.
S. 1292 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION OF CLEMSON UNIVERSITY, RELATING TO IMPORTATION OF RATITES (OSTRICH, EMU, RHEA AND OTHER FLIGHTLESS BIRDS IN THE FAMILY RATITAE), DESIGNATED AS REGULATION DOCUMENT NUMBER 1734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. RISER moved to table the Joint Resolution, which was agreed to.
Further proceedings were interrupted by the Joint Assembly.
The House stood at ease subject to the call of Chair.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4989 -- Reps. Sheheen, Wilkins and Hodges: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, APRIL 20, 1994.
Chief Justice David W. Harwell and distinguished party were escorted to the rostrum by Senators Holland, Thomas, Mitchell and Bryan and Representatives HARWELL, CROMER, WILKINS and COBB-HUNTER.
The President of the Senate introduced Chief Justice Harwell.
Chief Justice Harwell addressed the Joint Assembly as follows:
"Thank you very much Lt. Governor... Before I begin my formal remarks, I would like to take this opportunity to thank you for your thoughts and prayers during my recent illness. I am happy to tell you that I have made a good recovery and I look forward now to many more active years. Mr. President, Mr. Speaker, Members of the General Assembly, Justices, Judges and friends... Today is the third and final time I will stand before this Joint Assembly. It has been an honor to serve South Carolina, and a privilege I will long remember. I have given much but have received far more. Everywhere I go, I'm proud to say I'm a South Carolinian and especially proud to have been a part of your legislative and judicial branches of government. Go where you will, regardless of what some newspaper and editors might think or say; search throughout all fifty states and you will not fine a better judicial system. The quality of our judiciary, the unique ability to rotate judges where they are needed makes our court system the finest any chief justice could have the pleasure of leading. However, from my vantage point, I see things about our judicial system that may not be visible to the casual observer. I see things, that if left unattended, may erode our citizens' faith in our criminal justice system. Crime and public safety have always been important issues. Today, we are constantly reminded through polls that our citizens are demanding action be taken to ensure that their homes, schools and neighborhoods are safe. Too often, we take the short-term view and pass legislation that simply increases the penalty for a particular crime in hopes it will defer crime and pacify public outcry. Instead, we need to do two things, first, look long-term and second, work on comprehensive solutions instead of piece meal quick fixes. The General Assembly sets out what is important. The state's priorities are established through the budget. The items you consider important are funded; the others are not. The courts, prosecution, indigent defense and law enforcement have not done well in the budget over the past several years. The General Assembly has addressed several major criminal justice issues this year. Your committees have worked to put together major Bills that are now under consideration. This experience has helped to focus attention on the complexity and necessity of dealing with crime and punishment in a comprehensive fashion. This State needs a comprehensive policy to guide our thinking in how we can best utilize our limited tax dollars and criminal justice resources. I submit to you that if this General Assembly is really interested in addressing public safety issues, and how we can have the different parts of our criminal justice system function in harmony with each other, you will adequately staff and fund the Sentencing Guidelines Commission chaired by Representative David Wilkins. Let them prepare a blueprint on how the system should work. Wilkins' commission has the criminal justice leadership as members. It has judges, legislators, attorneys and others who help shape and carry out criminal justice policy. They can comprehensively address issues involving prison overcrowding, alternative sanctions, truth in sentencing, sentencing guidelines and how our total criminal justice budget might be more effectively utilized. A few dollars invested in this commission will pay off handsomely in savings over the years. If our criminal justice system operated the way it should, it would look something like this. On the criminal side, cases would be disposed of within 180 days. SLED would have funds for their lab to process evidence; prosecution and particularly indigent defense would have adequate staff to handle the increase in criminal cases, and finally we would have funds to rotate judges where they are needed. The county jails would not back-up and defendants would be quickly processed because we have the evidence, staff and adequate terms of court. Judges would have guidance on what alternative programs are best suited for a particular type of criminal. Similar sentences would be given for similar crimes and a sentence would mean what it says. Our prisons would contain criminals who commit serious crimes or have a history of criminal activity. Non-violent offenders and those convicted of minor crimes would be placed in less costly alternative programs. All of this is within our grasp if we do a little comprehensive planning. Instead of costing money, we will probably find out the improvements in effectiveness actually save money. The savings generated by using our system wisely could be reallocated toward programs involving our at-risk youth, their families, job training, summer programs, adult literacy, teenage pregnancy and alcohol or drug treatment program. These are things that reduce crime and give us the prison space we need to put serious criminals away for long periods of time. If we were to run our system like it should be, then it would begin with getting the most out of what we have and working hard to make sure in the future we have fewer of our citizens at risk, not more. Knee jerk reactions to crime issues may satisfy election year rhetoric, but they are expensive and will not reduce crime or ensure public safety. The youths of today are our future. We now spend $27,000 per child to incarcerate and $3,000 per child to educate. It is cheaper to train than to chain. We need solutions to help educate. I draw your attention to the report of the Juvenile Justice Task Force chaired by Justice Toal. Within this report you will see the problems and numerous solutions that could help turn the tide and prevent our troubled youth from becoming our trouble adult criminals. I hope you will give this report your careful attention as you continue to deal with juvenile justice issues. During the years I served as Chief Justice, our State faced a severe recession. Funds were scarce. The recession reminded us that during difficult times you must be innovative and willing to rethink how the system should work. Someone once said, the only difference between a rut and a grave is the length of the hole. If anything good can be said about the recession, it is that we were forced to get out of the rut. I'm pleased with what is taking place. I have established a bench/bar committee made up of judges from all levels and attorneys from different backgrounds and regions. This committee has been an excellent sounding board on how new programs would work in courts throughout our State. It also serves as a good communication link for gathering information on how the system is working. Small problems are resolved while they are still fresh and easily handled. I would like to publicly thank them for their voluntary assistance in helping me run the judicial branch of government. Last year, we sought the General Assembly's help in passing legislation which required every magistrate to take and pass a certification exam. One half of our magistrates will be certified in 1994 and the other half by the end of 1995. These exams will help ensure every magistrate has a fundamental understanding of the information needed to render fair and just decisions within their courts. Building upon this educational process in the not too distant future, I believe we can increase a magistrate's criminal and civil jurisdiction so cases can be moved from the circuit to the magistrates court. Moving cases out of circuit court will help unclog the dockets and since you will have nearly 300 magistrates working on cases now handled by 40 circuit judges, the disposition of these cases should speed up. Magistrates are a valuable part of our judicial system. Most of them are not lawyers. If given the training, they can and should play an expanded role in dealing with the state's rising caseload. This summer other new initiatives will be started to help dispose of cases more efficiently. Arbitration and mediation are programs designed to give litigants an opportunity to seek a non-court option to resolve their dispute. Trained arbitrators and mediators will be at work to help alleviate crowded court dockets. Using carefully crafted guidelines, many types of civil and family court matters can be dealt with outside of the courtroom saving scarce and expensive court time. Studies show that 80 to 90 percent of the cases which go through the arbitration/mediation process do not end up in court. I list arbitration/mediation and magistrate training as three of our most important accomplishments. They cost very little and have the potential of saving the taxpayer and litigants time and money. The shortage of rotation funds required that I rethink how we utilized our judicial workforce. I put into place two new managerial approaches. The first was regional rotation, which meant the State was divided into four regions and judges served longer within their region. They move around less and for shorter distances. This help cut cost and helped morale by reducing burnout. Long periods of travel coupled with staggering caseloads take their toal. Our judiciary is relatively young and regional rotation allows more time with families and less travel also saves money. Regional rotation also allows me to assign one judge to handle complex litigation from beginning to end. This beginning to end case handling helps to reduce the time and cost to litigants, county and the State. One judge becomes familiar with all parts of the case and remains available throughout the case's journey from filing to disposition. The program which received the most attention in the media was cameras in the courtroom. In 1961 cameras were banned from South Carolina courtrooms, but today our citizens can have a closer look at matters that involve their community. My goal was to allow our citizens to see into our courtroom and to learn more about how the judicial system works. I believe the more our citizens understand about how our government works the better our government will work. Cameras in the courtroom allow people to see the courtroom in action and I have been pleased with the response. From the comments we have received, I know people are learning more about the events in their community and more about how the judicial branch of government operates. I noticed with interest that a federal judge in South Carolina was quoted as saying he feels it is time for cameras to be allowed in federal courts. When I took office, my goals were not to make a short-term improvement in the number or age of our pending cases, our usual bench mark of success. Instead, I wanted to begin retooling the judicial system so it would be able to meet the needs of tomorrow. Although we put into place a bench/bar committee, magistrate training, arbitration, mediation, regional rotation, and beginning to end case handling and allowed cameras into the courtroom there are still several areas that need attention. When I became chief justice, the courts did not even have a fax machine. We now have them and their use has noticeably speeded up communications. You gave us some funds to begin my effort to computerize the courts but this process is not complete. Automating the courts will have profound implications for our future. Innovations in this field will have effects that you and I cannot even begin to imagine. But there are things that I know can and should happen. With automation, county and state offices will communicate faster and process more with the same staff. We will more effectively handle our court scheduling responsibilities and place better information in the hands of judges so they spend less time preparing for court and more time in court. There will also be improvements in information sharing between the courts and those who need court information. We will cut down on paper work and increase the accuracy and speed by which information is shared. The system put in place will be the roadbed on which the criminal justice information highway will be built. The courts need to be fully automated and your efforts are still needed to supply the funds necessary to finish what was started. Finishing the automation network, will bring the court out of the yellow pad and pencil era and into the twenty first century. To improve the state of our judiciary, two other matters need attention. First, funds to rotate judges and second, another three-judge panel for the Court of Appeals. Rotation gives us a management tool that is unique. We move judges where they are needed. We can accomplish more with fewer judges because we have this flexibility. The recession has taken its toal on our rotation account and I hope the Senate will build upon what the House has given and put this account back where it was in 1986. The innovations we put in place will help hold down cost but we cannot operate effectively on a budget that is really half what it was in 1986. Our system deals with over a quarter million cases a year. As the trial court's workload increases, so will the appellate court's workload. The bottleneck will soon be in the appellate court area. Prudence tells us to plan ahead. I'm sure the chief justice who follows me will request funds for a new panel on the Court of Appeals, and I urge you to give this request careful consideration. One appeal can have reprocussions on dozens of cases. A delay at the appellate level backs up the entire system and may unnecessarily cause cases to be retried. With the recession ending, we are all working our way back. Many of you have worked very hard and are helping the courts. I greatly appreciate your help. We can not have a strong judiciary without your support. It is my hope the added funding will ensure criminals are brought to court quickly and our citizens will have their disputes resolved without undue delay. With my first State of the Judiciary speech, I said I would depart from the usual format of highlighting with statistics the status of our court dockets. Instead, in my State of the Judiciary message, I have chosen to share with you my views on what needs to be done, what I've done about it and what we still need to do. I view my time as chief justice not as a caretaker but as a rebuilder. Using what resources were available, my job was to help reshape the system so it would be ready to face the challenges of today and tomorrow. I have been blessed with an opportunity to serve and to have been surrounded by friends who have supported my efforts. No one accomplishes anything alone and I express to you, my fellow judges, the members of the House and Senate and the public my sincere appreciation for your support and friendship over these many years. Although I am retiring as Chief Justice, I will remain active in my profession and in the business community. I look forward to our continued fellowship. I assure you I will continue as a private citizen to do what I can to help my South Carolina and her people. Thank you."
Upon the conclusion of his address, Chief Justice Harwell and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:34 P.M. the House resumed, the SPEAKER in the Chair.
Rep. BOAN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4870 -- Reps. Davenport, Meacham, Vaughn, R. Smith, M.O. Alexander, Stoddard, Marchbanks, Wofford, Stone, Stuart, Townsend, Moody-Lawrence, Harrell, Witherspoon, Cato, Simrill, Hutson, Keegan, Chamblee, Harrelson, Stille, Hallman, Haskins, Richardson, Riser, J. Wilder, Klauber, D. Wilder, Fulmer, Cromer, Spearman, J. Bailey, H. Brown, Baker, Hines, G. Bailey, Allison, Lanford, Scott, Robinson, Tucker, Wright, Carnell, Neilson, Koon, Phillips, Law, Kinon, Littlejohn, Walker, D. Smith, McCraw, Farr and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS OF THE UNITED STATES TO TAKE URGENT AND FIRM ACTION TO ENSURE THE HEALTH OF THE AMERICAN TEXTILE INDUSTRY.
H. 5140 -- Reps. Harvin and Canty: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE JAMES E. MAYES OF MAYESVILLE, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 5143 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TONI LYNN CARNELL OF WARE SHOALS, DAUGHTER OF OUR DEAR FRIEND AND COLLEAGUE, REPRESENTATIVE MARION CARNELL, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 5144 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF CARL D. BRUCE OF CAMPOBELLO, FATHER OF THE HONORABLE DANNY BRUCE, READING CLERK OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO MR. BRUCE'S FAMILY AND MANY FRIENDS.
H. 5145 -- Reps. J. Harris, Jaskwhich, Spearman, H. Brown, Rogers and D. Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND GUY F. LIPSCOMB, A RETIRED INDUSTRIALIST AND ARTIST ON BEING RECENTLY NAMED TO THE SOUTH CAROLINA BUSINESS HALL OF FAME.
At 12:35 P.M. the House in accordance with the motion of Rep. HOLT adjourned in memory of Toni Lynn Carnell, daughter of Rep. MARION CARNELL, to meet at 10:00 A.M. tomorrow.
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